I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...

As far as denial is concerned, I am still waiting for the notice...

Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.

Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?

Please suggest...

Thanks, Gagan Chodhry

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bikram_das_in

01-22 03:32 PM

1) Only the company for you are working right now with L1 VISA can apply for your green card. You should be able to get green card in 2-3 years if everything goes fine.

2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.

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tabletpc

08-27 09:16 AM

Thanks guys for response... so basically in short.... I can aply for visitors visa an visit cananda while my PR is in proceess right..??

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singhsa3

08-19 10:13 AM

Admin/Moderators and other distinguish members, Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations.... This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering: 1. Say people in finance sector meet and exchange thoughts 2. Religious in nature but will not be solicitation. 3. General meeting etc... What do people in this forum think? Thanks

I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa. The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date. Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

It seems now the only way is to apply for H1-b extension. So there will be these questions:

1- how will be the process and how much are the fees? 2- How long does it take? 3- Do I have to go back to my home country to get the new stamp for extension? 4- Is there any way to renew it in USA ? 5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary. 6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication? 7- Is there anything else that my employer and I should know and consider?

I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us. Please help me

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ItIsNotFunny

12-17 03:27 PM

I had posted my query on another thread but thought of creating a new one with all the updates.

Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

My question to you all are:

1. Are these my only option to make sure I can renew my H1 after the 6th year? 2. How long does an appeal take to respond? 3. Is appeal my only way out? Can I request for a Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in Jan 2009? 4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3, will that be a problem? 5. At what stage of the green card process should I be in to be eligible for my H1 to be extended after my 6th year? 6. Any other issues that might come up?

Thanks!

I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.

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gconmymind

11-05 03:50 AM

Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too? I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad: Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...

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As 'sanju_dba' said, you should celebrate your freedom here as we appreciate this freedom more than anybody.

Congrats again and enjoy!!!!

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gcformeornot

02-11 08:12 PM

gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.

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tinamatthew

07-21 01:37 PM

bumping it....I need some links guys

I agree - some links guys. An EAD and AP last only for 1 year. After that I expect we would have to pay for a renewal

smitin_2000

02-09 11:34 PM

Hi,

I have issue with I-94 as visa office at LA - LAX port of entry put a date in I-94 as same as in visa stamp in passport and not the date in the I-797 (extended H1B approval notice), I realised it 2months after the I-94 expiry, means while I was moved to Bay Area in CA, so I took infopass appointment from uscis.gov site for San Francisco office, went there and explained the matter to the visa officer, they corrected the error and issued me new I-94 with the date in I-797, you can also try the same, I think your issue will be fixed.

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